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17-0605_UNISPEC CONSTRUCTION, INC._Payment Bond 380655PBOND NO. 380655P BOND PREMIUM INCLUDED IN PERFORMANCE BOND BOND ISSUED IN DUPLICATE PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed May 16 , 20 17 has awarded to Unispec Construction Inc. hereinafter designated as the "Principal," a contract for the work described as follows: City -Wide Bikeway Gap Closure Project (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated May 16, 2017 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Indemnity Company of California as Surety, are held and firmly bound unto the City in the penal sum of One hundred nine eight thousand and 041100 Dollars ($ 198,000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions -30- 61147.02100114019172.1 precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 2nd day of May ?—,a 20 17. (Corporate Seal) Unispec Construction Inc. Contractor/ Principal Ey .A JA,Z.V- Ip- Title Eze51DEfJT Indemnity Company of California (Corporate Sea]) Surety Ey Title Yung T..ullick, Attorney -In -Fact Signatures of those signing for the Contractor and Surety musibe notarized and evidence of corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. -31- suezoamatam9ln.t Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cerfificete is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF L05 A, On 2012, before me, .SU)&gE Notary Public, personally appeared Z D-c 4 1.4 a 6e , who proved to me on the basis of satisfactory evidence to be the person(owhose name(Qipans subscribed to the within instrument and acknowledged to me that(&)she/they executed the same in's her/their authorized capacity(*, and that by<''her/their signature(sf on the instrument the person(�'or he entity upon behalf of which the person(s)) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cybdNG SHAgPE `< -e commlaelim x 2112774 A WITNESS my hand and official seal. Ra � Notary Public - Calllornle is Los Angeles County ot Comm. Ex irea Jun V. 2019 , Signature of Notary Public � �V'�— OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Nets) Title or Type of Document ❑ Panner(s) ❑ Limited ❑ General Number of Pages ❑ Attomey-In-Fad ❑ Trustee(s) ❑ Guardian/Conservator Data of Document ❑ Other: Signer is representing: Name Of Piemonte) Or Entity(les) Signer(s) Other Than Named Above -32- 6114).021U0114019172.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On May 2, 2017 before me, Kathryn Lopez , Notary Public, Dale Inert Name of Notary exactly sa It appean on me alflual seal personally appeared Yung T. Mullick Name(a) of S.,mah ) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thea authorized cepachytes), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) A , n KATHRYN LOPEZ acted, executed the instrument. COMM. # 2158796 A = NOTARY FURUCCAUFORN01;U I certify under PENALTY OF PERJURY under the laws of 4, ORANGE COUNTY N the State of California that the foregoing paragraph is true MY COMM. EXP JULY 1, 2020 and correct. Witness my hando sal. Signature Filets Notary Seal Arrow Kathryn opez OPTIONAL Though the information below is not required by law fraudulent, it mayprove valuable to persons retying on the document form and could prevent and reattachment of the to another document. Description of Attached Document Title or Type of Document: Payment Bond #380655P Document Date: May 2, 2017 Number of Pages: 3 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Yuno T. Mullick Signer's Name: 0 Individual ❑ Individual O Corporate ORcer—Title(s): ❑ Corporate Officer —Title(s): 0 Partner CUmited El General ❑ Partner ❑ Limited ❑General d Attorney in Fact ❑ Attorney in Fad 0 Trustee a 0 Twafee 0 Guardian or Conservator Top of Numb here ❑ Guardian or Conservator Top of thumb here 0 Other. 0 Other. Signer is Representing: Signer is Representing: Indemnity Company of California POW ER OF ATTORNEY FOR LOPERS SURETY AND INDEMNRY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO 8. 19]15, IR INE, CA 91913 (919) 26111 RNOWAU-BY THESE PRESENTS 1Mteampl as.Pesay Lamed, DEVELOPERS SURETYAND WDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNW m ager himeymala mnatluneanve W' "'Yung T. Mullick, Jamas W. Motioned, Chriallne T. Hoang, Stephanie Hoang, jointly or severally^ as than IIm and lawful Altemeyjsl'gri to make, aaamle, dalivar and snarmI adya, fma0i an heAatal.0 mmommx, we addliae, hands, uMONNnBs and mnmd, al handafmdAmpandgranhng unb sadum,anyInNseFed Nepowermdim, Nil ll at INm wpNdAflMMaes In pareentac nen. xM of sed mrpaeams mold &, hWm-mmmg tv aaraol said mrpmalicne hll power N sunsn� antlrevophen, anell al INmi sOidAtbmayfs}inFxt, pursuant b Inane gaxms. ere hereby ralibatl an can famed. ATNOSWMMNATmCrswOyupNm b MAEMNMMUPAMY Or CMIV ObHyaIAulNar�rydtl.w bbam9 resNeCIaLmCfl ad:glM by Mo respetlno pxrds a!Oaeb oIDEVELOPERS SURETY RESCLVED,Xgtawmbnaam alarYMaol Me Gunman W9N 9oarA Xie PresCenl. Es¢wlire Vqo-Pmsdenl Sena Vee -R gImil Or any Yme P2l�tlemd Fe VYIgmlrona be. dd M reeve dMom hereby w. xmmrgtlro exemtp Ma Poww of Albmey. RcaldyirN tlw aYamey(vl namtl m Mo Powere!Admey IoeseMe, m bmalal lea mpardlma,Mnds, raNeMage antl mnmcM olsuretyeNp, xJ Mol Vq 3aysvrya any AasaWl Beveled derlM d Me mmwmane M, antl earn d Nem hmmy is, oaMm¢od IoatlaM Me vaONtion0l any such Powerd Admmey: RESOLVED, FARTHER. Mal M¢fgnemxaleWm pmwis maybe etEeed OmysuM Power of Atlpney ortu arty mNfeaq IalptmA Ihe2q by Tmsemb, and any such PowaroXAlbmoy w mdifivew beefingeucnlecim9a tanager. shall M Yang and finding upon the WiNaraaaM whanm attired and In Me Tui with rimy b my bund. mNedelnlq wmn9ad MeaN"hiPbwhichdu amchad. IN WITNESS WHEREOF DEVELOPERS SURETYAND INDEMNIFY COMPANY vrd INDEMNITY COMPANY OF CALIFORNIA haw s.emlywu.d Mase Pecan%(o be Iasi by Moir reapegi/w�vMiun/ere elMstetl by Mevrespemhro BOveMry pAse�a%nl Samelery Ma 9Mdey of FWvery, 7917. BY: ` ��� �' • ,P'.T�.IaAVNc�pp��Pgr�- DUPAaiY� Oanbl YaMa.SmEr WaPrtaiMnl al "6'i'£asl ,+40 vORs. lcYe i 1936' ww x BY. i�I,:Z4waaa.:'b' oM Pwtre F'"i Merklmwtivl LkwAeaaasl *y 3p*,*..FWw`r OF A notary public 0' other of comple9n9 this Par afidefe vermes only the Whitney of the Individual who 8gned fie dOCYnlenl b When, Ill, cenificate is aXachad, and not Me FURNlneee, nCNr i Orva idl a! that document, Slabot Caklmds Cmntyotoe". On FethervS.ID9 before me._ luciva Wyrr�end. Nam M IYn�weaNmaN rMla'w Pf[v .noraky aap.retl _ Ohia Ymnp am Med, lansdan w�a.)ws„w;e who proved k, ore an the bass he Saudladgry vi dmm m be 08 persm(s) when,.mend alaresibssMx W Me seem bagram Land ackinamini h me that hasnaMey.mmad law xme an humenemti eu?avoll wpxdylies), eM that by NaherA.Mr agmaaaWe) m IM m0aament the as ani m tlw many al an Ni at LUCILLE RAYMOND wmh the nemvag acewl eaeaNd the nmumem commission • 8881915 } Notary Pupae-clismle Iin" made' PENALTY OF PERJURY ams Me Mws d the State of WNwaa brat Bre bse9mme paapepta OMn9e Courag bus ane awnea. M Comm rw Det 13 1818 A WITNESS neY hand mtl tidal �I PE. Nmay S.M. SamNre_ Luisnd.NOtary Pla IF CERTIFICATE Tha undersigned. as Secretary mAdstanl Seaetaty, al DEVELOPERS SURETY AND INDEMNIFY COMPANY m INDEMNITY COMPANY OF CALIFORNIA, dxa hWeby mlp!y MBI lhp!d09pbg fbMr OIAUIn0y10T0m9 N fell IOra9 and h091G Men RVOkad ar J.IadmlmnOre.INat MBPr0YpOM OI Ino Rmulgn001dq r.FOCXW BNrmN QRCMI9 01 MM oxpaaMM sel!arM in Me Power OlAXamey nN in brm aMtlurdaN of tivs Cmafimte i1M CeNfim%w.mutetlm McCity aI hMM, CaNcmia,tlu 2 d.a May 2017 9• `v M'p -.s PA1e T 'Ne-o'n, 'sN 1936 ATS-INDaW111